VINOD SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present writ petition in March, 2010 praying inter alia for quashing the action of the respondent/DDA in declining to grant him extension of time to deposit the balance amount payable by him in respect of Unit No. F-2, at CSC No. 2, Preet Vihar, G Block (East Zone), Delhi, and to restore the allotment of the demised shop in his favour by granting him one month's time to pay the balance amount with interest and penalty. In the alternative, the petitioner has sought directions to the respondent/DDA to share with him to the extent of 3/4th, the unearned increase/profit upon resale of the subject shop or at least refund the entire amount of Rs. 15,50,000/- deposited by him with the respondent/DDA towards the allotment of the demised shop with up-to-date interest. In a nutshell, the facts of the case are that in the year 2006, the respondent/DDA had issued a public tender for conducting an auction of the subject shop. The petitioner had applied as one of the bidders and was declared as a successful bidder on 22.6.2006, at a bid amount of Rs. 20,00,016/-. On the same date, the petitioner had deposited 25% of the bid amount as earnest money, amounting to Rs. 5,00,004/-. On 10.8.2006, the respondent/DDA had issued a demand letter to the petitioner calling upon him to pay the balance amount plus Rs. 45/-, i.e., a total amount of Rs. 15,00,057/- within 30 days of issuance of the demand letter, i.e., on or before 9.9.2006. It was further stated that if the aforesaid amount would not be deposited by the petitioner within the time stipulated, then, interest would be chargeable @ 15% (compoundable) and if the complete payment with interest would be made beyond 180 days, i.e., on or before 9.3.2007, no regularization of allotment would be possible.

(2.) Admittedly, the petitioner did not deposit the entire balance amount of Rs. 15,00,057/- with the respondent/DDA on or before 9.3.2007. Instead, he proceeded to deposit a sum of Rs. 10,50,000/- with the respondent/DDA in three installments, which are as under : <FRM>JUDGEMENT_1472_ILRDLH22_2012_1.html</FRM>

(3.) Thus, out of the total amount of Rs. 20,00,016/-, the petitioner had deposited a sum of Rs. 15,50,004/- with the respondent/DDA, out of which amount, the respondent/DDA had received only a sum of Rs. 9,50,004/- by 09.03.2007, the extended date fixed by the respondent/DDA.